DAVIS v. UNITED STATES

Nos. 82-1290, 82-1301.

482 A.2d 783 (1984)

Milton Lee DAVIS, Jr., and Harrison Kemper, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 4, 1984.


Attorney(s) appearing for the Case

Steven H. Goldblatt, Washington, D.C., Georgetown University Law Center, appointed by this court, with whom Samuel Dash, Washington, D.C., Norman A. Townsend, Susan Siegal, Karen Marie Jones, Student Counsel # 3751, and David Pierce, Student Counsel #3753, were on the brief, for appellant Davis.

Jo Ann Abramson, Washington, D.C., appointed by this court, for appellant Kemper.

Helen M. Bollwerk, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, MACK, Associate Judge, and YEAGLEY, Associate Judge, Retired.


NEWMAN, Chief Judge:

Davis and Kemper were convicted of carrying a pistol without a license. D.C. Code § 22-3204 (1981). They assert several grounds for reversal, only one of which has merit.1 We find that the trial court violated appellant Davis' Fifth and Sixth Amendment rights to due process and to present witnesses in his defense by improperly sustaining a claimed Fifth Amendment privilege against self-incrimination by a witness...

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